Thai woman, Philippine man convicted in Cambodia

Friday, April 30, 2010
AP

PHNOM PENH, Cambodia — A Cambodian court sentenced a Thai woman and her Philippine accomplice to 30 years in prison for drug smuggling and will allow the woman to keep her newborn son with her behind bars, judges said Friday.

The woman cradled her seven-month-old baby in her arms during Thursday's ruling at the Phnom Penh Municipal Court.

Police arrested Chon Thong Theerat in June 2009 upon arrival from Malaysia at the Phnom Penh airport, where she walked through an X-ray security machine that showed she had swallowed a dozen condoms containing 400 grams of cocaine, said judge You Bunna.

She led police to 36-year-old Luyo Romeo Plaza, who was waiting for the woman to deliver the drugs to a hotel, police said. The woman had traveled from Argentina and after stopping in Cambodia was headed to Thailand.

The pair were held in pretrial detention, where the 29-year-old woman gave birth to her son. It was not clear if Plaza was the child's father.

The court ordered each to serve 30-year prison terms and pay fines of $12,000. The woman's defense lawyer said he would appeal the verdict.

Judge Kor Vandy, one of three presiding judges, said the woman would be allowed at least initially to continue caring for the baby.

"The child would continue to live in jail with his mother at first," Kor Vandy was quoted as saying in The Cambodian Daily. He added that rights organizations will sometimes help jailed mothers take care of their children inside prisons.

Cambodia is not a major producer of illegal drugs but has increasingly become a smuggling transit route.

Thailand providing psychiatrist to Thai convicted in Cambodia

BANGKOK, Feb 22 (TNA) - The Thai government will provide a psychiatrist to a Thai national convicted and sentenced by a Cambodian court to 20 years in jail for planting landmines along the Thai-Cambodian border after learning that he is has mental health problems, according to Chavanont Intarakomalsut, secretary to Foreign Minister Kasit Piromya.

Mr Chavanont said representatives of the Thai embassy in Phnom Penh had visited Suphap Wongsaprapa on Friday and after talking with him the consular officials found him to be confused and unable to relate the incident in a coherent manner.

He said the ministry had earlier received information that Mr Suphap had a case history as a mental patient and was previously admitted as a patient at a hospital in the northeastern province of Khon Kaen.

If the government could prove that Mr Suphap had mental disorders, it could provide an option for requesting the Cambodian government to reduce his jail term, he said.

In addition, Mr Chavanont noted that while Mr Suphap is a civilian, he was sentenced by a Cambodian military court.

Mr Chavanont said the Thai embassy would coordinate to help him appeal the verdict and requested the Cambodian government to allow a psychiatrist from Thailand, the International Committee of the Red Cross (ICRC) or any international organisation to visit and check whether he is suffering mental illness in order to ask for humanitarian assiastance.

He added that Mr Suphap has a criminal record, as he was jailed for five years for striking his father, after which he disappeared from sight. No one could contact him for 10 years from the time he was released from jail until he was arrested in Cambodia.

International media reported that 39-year-old Suphap was sentenced to 20 years in a Cambodian jail after he confessed in proceedings that he had planted at least five landmines in Cambodia's Anlong Veng town near areas claimed by both countries.

The news service said that he was arrested one year ago and that the Khmer authorities charged him with attempted murder, endangering national security and entering Cambodia illegally.

The Cambodian court record was quoted as saying Mr Suphap was arrested by Cambodian border guards just a few metres inside the country while carrying a land mine on February 27 last year.

Jailed Thai Soldiers Receives Embassy Visit

(Photo: Reuters)

By Chun Sakada, VOA Khmer
Original report from Phnom Penh
18 February 2010

Thai Embassy officials will be allowed to visit a former Thai soldier in a Cambodian military prison, after the man was sentenced to 20 years for planting landmines along the border, defense officials said.

Earlier this month, a military court found Suphab Wong Prakna, 39, guilty of planting mines in Anlong Veng, a former Khmer Rouge redoubt on the Thai border. He was arrested in February 2009 with mines and explosives on his person.

Cambodia and Thailand are engaged in a protracted military standoff, that has left at least eight dead, and the trial raised questions of whether both sides are mining the border.

Suwat Kaewsook, a senior adviser at the Thai Embassy in Phnom Penh, is expected to visit the military prison on Friday afternoon.

Prakna’s lawywer, Sam Sok Kong, said he believed the sentencing was fair, given the evidence against his client and the confession he gave. The court could have given the accused from 30 years to life imprisonment, he said.

Thai embassy to help Thai convicted of laying landmine in Cambodia

Tue, Feb 16, 2010
The Nation/Asia News Network

Thai embassy in Cambodia will offer aid to a Thai convicted of planting landmines along Thai-Cambodia border and was sentenced to 20 years in jail, Thai Foreign Minister Kasit Piromya said recently.

The diplomats are looking into what assistance the government is able to provide, Kasit said.

In a hearing last week, Suphap Vong Pakna confessed to planting at least five explosive devices along the Cambodia-Thailand border, claiming Thai soldiers paid him to do so.

Pakna's lawyer says his client received a fair trial. "I think he is getting a fair judgment according to the evidence and his confession, because the court reduced the jail term from 30 to life imprisonment to 20 years in prison based on our terror law, article 75."

The 39-year-old was arrested in February of last year after he allegedly entered Cambodian territory and laid landmines.

A Thai investigation reportedly found Russian-made landmines in the area which they say were recently planted and of a type that Thai soldiers have never used.

Thai authorities said the findings suggested that Cambodia may have been guilty of breaking the 1997 Ottawa Treaty, which bans signatories from using anti-personnel mines.

Cambodia, however, dismissed the accusation, saying any landmines in the area were remnants of the three-decade war.

The group Landmine Monitor says mined border areas between Cambodia and Thailand have the highest concentration of landmines in Cambodia.

Thai embassy to help Thai convicted of laying landmine in Cambodia

February 16, 2010
The Nation

Thai embassy in Cambodia will offer aid to a Thai convicted of planting landmines along Thai-Cambodia border and was sentenced to 20 years in jail, Thai Foreign Minister Kasit Piromya said recently.

The diplomats are looking into what assistance the government is able to provide, Kasit said.

In a hearing last week, Suphap Vong Pakna confessed to planting at least five explosive devices along the Cambodia-Thailand border, claiming Thai soldiers paid him to do so.

Pakna's lawyer says his client received a fair trial. "I think he is getting a fair judgment according to the evidence and his confession, because the court reduced the jail term from 30 to life imprisonment to 20 years in prison based on our terror law, article 75."

The 39-year-old was arrested in February of last year after he allegedly entered Cambodian territory and laid landmines.

A Thai investigation reportedly found Russian-made landmines in the area which they say were recently planted and of a type that Thai soldiers have never used.

Thai authorities said the findings suggested that Cambodia may have been guilty of breaking the 1997 Ottawa Treaty, which bans signatories from using anti-personnel mines.

Cambodia, however, dismissed the accusation, saying any landmines in the area were remnants of the three-decade war.

The group Landmine Monitor says mined border areas between Cambodia and Thailand have the highest concentration of landmines in Cambodia.

[Thai] Foreign Ministry seeking to help Thai national jailed in Cambodia for planting landmines

BANGKOK, Feb 13 (TNA) - Following the Cambodian court ruling, sentencing a Thai man to 20 years in jail for planting landmines along the Thai-Cambodian border, the Thai Minister of Foreign Affairs Kasit Piromya said on Saturday that the ministry is seeking to help the convicted Thai national and has dispatched Thai officials to visit him.

French news agency Agence-France-Presse (AFP) reported Friday that 39-year-old Suphap Pakna was sentenced to 20 years in Cambodian jail after he confessed in proceedings that he had planted at least five landmines in Cambodia's town of Anlong Veng near the disputed areas claimed by both countries.

The news service said that he was arrested one year ago and that the Cambodian authorities charged him with attempted murder, endangering national security and entering Cambodia illegally.

Associated Press (AP) quoted the Cambodian court record as saying Mr Suphap was arrested by Cambodian border guards just a few metres inside Cambodian territory while carrying a land mine on February 27, 2009.

The Thai foreign minister said that he has been informed that the Cambodian court read the verdict several days ago.

He said the foreign ministry wants to help Mr Suphap and has already instructed the Thai embassy in Phnom Penh to carry out consular visits to him.

The Cambodian court ruling came only few days after Cambodian Prime Minister Hun Sen visited the ancient Preah Vihear temple and boost morale for his troops stationed in the area last weekend.

The Cambodian premier also planned to visit the Ta Muen Thom ruins which belong to Thailand, but he was not allowed to enter the area as Thai security agencies said the situation was unfavourable for fear of possible confrontation with protesters from Thailand's People's Alliance for Democracy (PAD) gathering near the temple.

The International Court of Justice ruled in 1962 that Preah Vihear belongs to Cambodia, but Thailand has argued that the 1.8 square miles (4.6 sq km) area near the temple belongs to it. Demarcation of the area remains unresolved, leading to sporadic clashes between soldiers of the two countries since then.

Questions surround Thai land mine claim

Friday, 12 February 2010
Vong Sokheng
The Phnom Penh Post

A MILITARY court in Phnom Penh is set to announce a verdict today in the case of a Thai national accused of planting land mines along the Thai-Cambodian border.

Suphap Vong Pakna confessed during testimony last week that he planted at least five explosive devices in a disputed area in Oddar Meanchey province. The man said he was paid by Thai soldiers to lay the mines before he was arrested last February. His lawyer said Thursday that he plans to argue for a lenient sentence.

“I hope that the court would consider the minimum jail term for my client because he was cheated by the Thai soldiers, he lacks education, and he has a mental health problem,” lawyer Sam Sokong said.

The lawyer said his client is charged with attempted murder, endangering national security and entering the country illegally – which he said could result in a prison term of between 15 and 30 years in the event of a conviction.

The case has led to renewed focus on a still-unresolved 2008 incident in which two Thai soldiers were severely injured when they stepped on land mines near the border. The Thai government said the mines had been freshly planted and pointed the finger at Cambodia.

Leng Sochea, deputy secretary general of the Cambodia Mine Action Authority, said Thailand must address the incident, noting that a diplomatic note sent to Thailand in response to the allegations had gone unanswered.

“We need an explanation from the Thai government. Otherwise we will lose face because of their allegation,” Leng Sochea said.

“We want the Thai government to look at the history of land mines and the confession of the Thai man.”

The Post was unable to reach Thai government spokesman Panitan Wattanayagorn for comment Thurday, but he has previously declined to comment on the case.

Meanwhile, figures released Thursday suggest a continued drop in the number of land mine or explosive remnant of war (ERW) casualties registered in the Kingdom last year. In 2009, 243 people were injured or killed by explosives, compared with 271 in 2008, according to statistics from the Cambodia Mine/ERW Victim Information System.

[Thai man] Jailed for laying landmines

Supharp Prakna (2rd L), a Thai national, is escorted by military personal after his trial at a military court in Phnom Penh February 12, 2010. The Cambodian military court convicted and sentenced Prakna to 20 years in prison for terrorism charges. 39 year-old Prakna was arrested on April 24, 2009 at Anlong Veng district of Oddar Meanchey province, 240 km north of the Cambodia-Thai border, carrying a number of landmines with him so he could plant them, officials said. REUTERS/Stringer

Feb 12, 2010
AFP

PHNOM PENH - A CAMBODIAN military tribunal convicted a Thai man of planting landmines along the country's disputed border on Friday and sentenced him to 20 years in prison, court officials said.

Thai national Suphaph Vong Pakna confessed in proceedings last week to planting at least five mines in territory disputed between Thailand and Cambodia, saying Thai soldiers had paid him to do it.

'The court has considered the accused person's confession, so it sentences him to a jail term of 20 years, which is open to appeal,' military judge Pohk Pan said.

Suphaph, arrested last February, faced a maximum of 30 years in prison for attempted murder, endangering national security and entering Cambodia illegally.

Defence lawyer Sam Sokong said he would consult his client on whether to appeal the decision.

Cambodia is at loggerheads with Thailand over their border. Demarcation is complicated by landmines that still litter the area following decades of civil war in Cambodia.

Sivarak, mum thank P.Thai, Thaksin

12/01/2010
Bangkok Post

Pardoned spy Sivarak Chutipong and his mother Simarak na Nakhon Phanom on Tuesday presented a basket of fruit to opposition Puea Thai Party chairman Chavalit Yongchaiyudh and former prime minister Thaksin Shinawatra to thank them for their efforts to secure Mr Sivarak's release after being arrested in Phnom Penh late last year.

Mr Sivarak, 31, employed by Cambodia Air Traffic Services (CATS), was arrested on Nov 12 on charges of passing fugitive former prime minister Thaksin Shinawatra's flight information to the Thai embassy in Phnom Penh. He was later pardoned by Cambodia's King Norodom Sihamoni.

Former foreign minister and Thaksin's legal adviser Noppadon Pattama received the fruit basket from Mr Sivarak and Mrs Simarak.

Mr Noppadon said Thaksin would like Mr Sivarak's family to let go of their past experiences and consider them as bad dreams, and it was the government's responsibility to restore and improve Thai-Cambodian ties.

Mr Sivarak said he will return to work for CATS in Phnom Penh. He did not expect any problems.

The convicted spy who can't get away from his spying job?

Sivarak to return to work in P.Penh

30/12/2009
Bangkok Post

Sivarak Chutipong, the Thai engineer convicted of spying in Cambodia and then pardoned, said on Wednesday that he plans to return to work at Cambodia Air Traffic Services in Phnom Penh.

He entered the monkhood after his ordeal and return to Thailand, and spent eight days at Satthatham forest temple in Muang district of Nakhon Ratchasima province, returning home on Monday.

Mr Sivarak and his mother, Simarak na Nakhon Phanom, yesterday went to Nakhon Phanom to pay homage to the Buddha’s relics at Phra That Phanom temple and to thank Puea Thai MPs ffrom the province for helping obtain his release.

Mrs Simarak also thanked former prime minister Thaksin Shinawatra via his younger sister, Yingluck, for his assistance. She also plans to visit the Puea Thai Party to thank the opposition camp for helping her son.

Mrs Simarak said she was not worried about her son’s plan to return to work in Phnom Penh because Cambodian Prime Minister Hun Sen had assured her that Mr Sivarak could stay happily in Cambodia.

Caught in the crossfire between Cambodia and Thailand

Sivarak Chutipong speaks to media after a meeting with Cambodian Prime Minister Hun Sen in Phnom Penh, Dec. 14, 2009. Sivarak, a Thai engineer working for Cambodian air traffic control who had been found guilty of spying for leaking fugitive former Thai premier Thaksin Shinawatra's flight details to the Thai embassy, was ultimately pardoned after a request to Cambodia's king from Thaksin. (Chor Sokunthea/Reuters)

Convicted of spying earlier this month, Sivarak Chutipong became the latest casualty in the political drama between Cambodia and Thailand.

December 25, 2009
By James O'Toole — Special to GlobalPost

PHNOM PENH, Cambodia — It has been an eventful six weeks for Sivarak Chutipong.

When he left for work on Nov. 10, the 31-year-old Thai native was an anonymous expatriate who had lived and worked peacefully as an airport engineer in the Cambodian capital of Phnom Penh for seven years. In the weeks since, he has met prime ministers, been pardoned by a king, and seen his picture splashed across the front pages of newspapers, caught up in the latest round of feuding between his native country and his adopted home.

Sivarak was convicted of spying in a Cambodian court earlier this month after relaying the flight information of fugitive ex-Thai prime minister Thaksin Shinawatra to the Thai embassy in Phnom Penh. Thaksin arrived in Cambodia on Nov. 10 for an intensely controversial visit, the fallout from which has attracted international attention and dominated news coverage in Thailand and Cambodia ever since.

Never exactly role models for peaceful co-existence, relations between Thailand and Cambodia have been especially strained since last year, when disagreements over territory surrounding an 11th-century temple near the Thai-Cambodian border erupted in a series of military clashes that left at least seven dead. Neither country’s leaders have been shy about exploiting this antagonism for domestic political points, and Sivarak’s arrest and Thaksin’s visit allowed Cambodia to take up the nationalist offensive against the government of Thai Prime Minister Abhisit Vejjajiva, as officials in Phnom Penh accused Bangkok of orchestrating an espionage plot and disrespecting Cambodian sovereignty.

A bitter rival of the Abhisit administration, Thaksin is the only elected Thai prime minister to have served a full term in office, scoring overwhelming victories in 2001 and 2005. In 2006, however, he was ousted in a military coup and later indicted on corruption charges. He went into self-imposed exile last year to avoid a two-year jail term and has been globe-trotting ever since.

Abhisit was incensed by Thaksin’s arrival in Cambodia, the closest the former leader has come to his homeland since going into exile. While Cambodian Prime Minister Hun Sen has referred to Thaksin in recent weeks as his “eternal friend,” their relationship is evidently forward-looking; in 2003, when Thaksin was still in power, Hun Sen caused a diplomatic crisis by egging on anti-Thai rioters who subsequently burned down the neighboring country’s embassy and attacked the Phnom Penh offices of Shin Corporation, owned by Thaksin’s family.

Time, however, heals all wounds (or perhaps the more appropriate adage is “the enemy of my enemy is my friend”); in any case, Thaksin and Hun Sen used the November visit to showcase their amicability while lodging a steady stream of criticism at Abhisit right on his doorstep. Thaksin, despite his conviction, still harbors ambitions of returning to politics, accusing the current Thai leadership of “false patriotism” during his inaugural speech as an official Cambodian economic adviser.

Sivarak had the misfortune of being drafted into a leading role in this diplomatic drama, as Thaksin and Hun Sen charged that on orders from the Thai Foreign Ministry, the young engineer had stolen secret information that put Thaksin’s life in danger.

“If we did not act in advance then for sure at this time, at this hour, Thaksin would be dead or jailed in a Thai prison,” Hun Sen said of the case, cleverly omitting the fact that Thaksin’s arrival was broadcast live on local television that morning.

Despite protests that he was not involved in politics and that Thaksin’s arrival was public knowledge, Sivarak was found guilty in a one-day trial on Dec. 8 and sentenced to seven years in jail.

As images of Sivarak’s tearful mother were beamed out from the Phnom Penh courthouse, critics in Bangkok accused Cambodia of manipulating the case for political ends. These charges were amplified when, just three days after his conviction, Sivarak received a royal pardon that Cambodian officials said had been brokered by Thaksin. Sivarak’s mother, to the delight of the Thaksin allies in Thailand’s opposition Puea Thai party, explained that her family could not trust Abhisit to handle the matter in the face of his acrimonious relations with Cambodia.

Following his release last week, Sivarak was invited to Hun Sen’s Phnom Penh residence for a stage-managed event in which, as photographers and Puea Thai leaders looked on, the Cambodian premier greeted him warmly and presented him with a copy of the pardon.

Thaksin, believed to be spending most of his time in Dubai, flew back to Cambodia on the eve of Sivarak’s release and visited him in prison. In an impressive feat of doublethink, he told Hun Sen he considered Sivarak “a political victim of the Thai government,” according to local television reports.

Sivarak himself had little to say on the day he was freed, wearing a guarded expression as he played out his role in the political theater.

“I feel very happy that I have freedom again,” he said.

Cambodia Denies Wiretapping Thai Embassy

24 December 2009
Thai-ASEAN News Network

The Cambodian government has denied that they intercepted a telephone conversation between a Thai diplomatic official and the Thai engineer who was accused of spying through a wiretap.

The Cambodian government has responded to Prime Minister Abhisit Vejjajiva's interview that the Cambodian authority may have intercepted a telephone conversation between a Thai diplomat officer and the Thai engineer who was accused of spying through a wiretap.

According the statement, the Cambodian government has denied the accusation, claiming that they do not condone such illegal methods, as they contradict their principals.

The statement says the accusation is just a figment of the Thai prime minister's imagination, and is aimed to gain political support and distract the public from the Thai government's weakness.

The Cambodian government has also accused Abhisit of creating an image of Cambodia as a rogue country, which is completely the opposite of the truth, as Cambodia is a country ruled by laws.

Phnom Penh has claimed that the Cambodian government received the record of the telephone conversation between the Thai diplomat and the Thai engineer from a private telephone company. According to the statement, the telephone conversation was recorded for billing purposes.

Sivarak Chutipong, a Thai engineer who works for a subsidiary of Samart Corporation, was charged and jailed by the Cambodian authorities for disclosing former Prime Minister Thaksin Shinnawatra's flight information. Sivarak was sentenced to seven years in prison and a 10 million Riel fine before he was pardoned by the Cambodian monarch.

Sivarak cancels complaint plans

21/12/2009
Prasit Tangprasert
Bangkok Post

NAKHON RATCHASIMA : The Thai engineer convicted on charges of spying says he has forgiven everybody involved in the events which led to him being jailed for about a month.

Sivarak Chutipong yesterday said before entering the monkhood the only thing he had in mind now was forgiveness, and was not planning to lodge any complaints with the Foreign Ministry.

Mr Sivarak, who works for Cambodia Air Traffic Services (CATS) in Phnom Penh, was ordained at Satthatham forest temple in Muang district where he will spend 9 days.

Upon his return to Thailand on Dec 14 after being freed from jail after he was granted a pardon by the Cambodian king, the 31-year-old engineer called on Kamrob Palawatwichai, the first secretary at the Thai embassy in Phnom Penh, to come out to clarify the circumstances that led to the spy charge and take responsibility.

Mr Kamrob was expelled by Cambodia for seeking confirmation about whether ousted prime minister Thaksin Shinawatra's flight had landed.

Simarak threatens to sue Suthep

19/12/2009
Bangkok Post

Simarak na Sakhon Nakhon said that she will take legal actions against Deputy Prime Minister Suthep Thaugsuban or any other persons who fail to stop accusing her son, Mr Sivarak Chutiphong, of playing a drama plotted by ousted prime minister Thaksn Shinawatra and Cambodian leader Hun Sen.

“Both Thaksin and Hun Sen are benefactors of me and my family and I will not let them down because of helping my son out of jail”, the mother of Mr Sivarak, the Thai engineer sentenced to seven years in jail and later released by the royal pardon of Cambodia’s King Norodom Sihamoni, said on Saturday.

Asked about her son’s future, Mrs Simarak said her family will discuss about Mr Sivarak’s job after New Year. Her son has not yet made his mind whether or not to return to work at Cambodia Air Traffic Services in Phnom Penh.

“Mr Hun Sen told me that he would welcome if my son is to return to work in Cambodia”, Mrs Simarak said.

She disclosed that Mr Sivarak is scheduled to ordain as a Buddhist monk on Sunday morning.

Mr Suthep and some Democrat MPs had said that the arrest and release of Mr Sivarak was nothing but a plot set up by Thaksin and Hun Sen to discredit the Thai government.

Pawn in a political game - Many believe Hun Sen engineered Sivarak's arrest just to help his pal Thaksin

19/12/2009
Kamol Hengkietisak
Bangkok Post

It was good news the Cambodian king granted a royal pardon to jailed Thai engineer Sivarak Chutipong. But it was regrettable the Puea Thai Party and certain other people used the occasion to attack Thailand's Foreign Ministry by accusing its staff of causing the arrest of Sivarak, said Nongnuch Singhadecha, a writer for Matichon.

Puea Thai's swift strike against the Foreign Ministry after Sivarak's release only affirmed the belief among some observers that his arrest had been engineered by Hun Sen and ousted prime minister Thaksin Shinawatra to discredit the Abhisit Vejjajiva administration - making it look ineffectual in freeing Sivarak from jail.

It also seemed to be aimed at Foreign Minister Kasit Piromya, who Puea Thai and Thaksin consider their arch enemy.

Nongnuch believed the drama would be used by Puea Thai in its no-confidence debate early next year in the House of Representatives against Mr Abhisit and Mr Kasit.

Nongnuch asked if Sivarak was really a security threat to Cambodia, then why was Hun Sen in such a hurry to go ahead with a royal pardon as requested by Sivarak's mother and Puea Thai chairman Chavalit Yongchaiyudh. If Sivarak was really guilty as charged, he should have served time in jail and Hun Sen should not have helped secure his release so soon.

So in Nongnuch's opinion, Sivarak's arrest was really engineered by Hun Sen so he could help his pal Thaksin and Puea Thai.

Hun Sen might have been so quick to ask for a royal pardon because Thaksin's flight schedule that Sivarak passed on to Kamrob Palawatwichai, Thailand's first secretary at its embassy in Phnom Penh, was not a state secret, something even the Cambodian prosecutors admitted. Sivarak's action could not have caused any harm to Thaksin in any case as the information was relayed to Mr Kamrob after Thaksin had landed in Cambodia and the Cambodian media were on hand to greet him at the airport. So Thaksin's arrival was not really a secret at all.

Another reason Hun Sen was ready to free Sivarak, Nongnuch wrote, was that if he was jailed for a lengthy period, it would harm the investment climate in the country as it would look to the global community as if the Cambodian leader could arbitrarily jail anyone doing business in Cambodia as long as it served his political purposes.

Nongnuch did not believe the incident generated any goodwill for Hun Sen in the eyes of international observers as it was obvious he had staged the whole drama to help Thaksin.

Nongnuch also called on Puea Thai to refrain from attacking the Foreign Ministry and demanding the name of those who ordered Mr Kamrob to seek Thaksin's flight information because Mr Kamrob only did his duty as Thaksin is a fugitive from justice in Thailand.

The Cambodian court also jailed Sivarak citing the reason that Thaksin had been accorded special status by the Cambodian government and his safety was its concern. However, Hun Sen conveniently ignored the fact that Thailand has a duty to bring a criminal back to serve his prison term. Why did not Cambodia send Thaksin back to Thailand if it really wanted good relations with Thailand?

Nongnuch also wanted Cambodia to clarify why Puea Thai MP and leader of the United Front for Democracy Against Dictatorship (UDD) Jatuporn Prompan claimed Cambodia possessed a taped conversation of Mr Kasit ordering Mr Kamrob to seek Thaksin's flight information. If that were the case, it would mean Cambodian authorities tapped the telephone conversation at the Thai embassy, which would have broken international law as the Thai embassy compound is under Thai sovereign jurisdiction.

No wonder a Cambodian minister immediately refuted Mr Jatuporn's allegation fearing it would have caused an international incident.

Nongnuch also chided Mr Jatuporn for being naive in not knowing that if a secret is to be conveyed, the Foreign Ministry would use a coded telegram which needed to be deciphered, not a telephone conversation which could easily be listened into.

Nongnuch concluded her article by reminding Puea Thai not to ask who ordered Mr Kamrob to seek Thaksin's flight details. Rather, the Thai people wanted to know who influenced Hun Sen to stage the drama in the first place by arresting Sivarak.

[Thai embassy first secretary] Kamrob: I was just doing my job

19/12/2009
Bangkok Post

Former first secretary to the Thai embassy in Cambodia Kamrob Palawatwichai has spoken for the first time to THANIDA TANSUBHAPOL and a small group of reporters about the espionage charge that landed Thai engineer Sivarak Chutipong in a Cambodian jail following a visit by ousted prime minister Thaksin Shinawatra to Phnom Penh on Nov 10.

On that day, Mr Kamrob called Mr Sivarak who worked at Cambodia Air Traffic Services to ask about Thaksin's flight details.

Mr Kamrob was later expelled by Cambodian authorities.

Can you recall what happened when Thaksin arrived in Cambodia?

As I was servicing Thai people to make passports at the Thai embassy about 10am, I heard about Thaksin's arrival in Cambodia.

As I'm responsible for the embassy's political beat, I had to report what happened about political movements in and out of Cambodia to Bangkok, I had to cross-check whether he [Thaksin] really had arrived so I phoned relevant agencies, including Mr Sivarak's, to confirm Thaksin's arrival.

While I was waiting for a call back, I went to attend an embassy meeting where all the Thai staff were.

At that time, Cambodian TV and websites had already been reporting the arrival of Thaksin and then Mr Sivarak called me back and told me there was a special jet that had landed around 9.30am at Pochentong airport.

Reporting like this is not only done in the case of the former prime minister [Thaksin] but all Thai or foreign officials who come to Cambodia or have any movements here are linked to my beat.

The former prime minister was a person who the Thai government was interested in so as to track his movements.

Was it your normal duty? Yes, I sought the information legally under the diplomatic framework set forth under the Vienna Convention. I was not coerced or threatened by anyone to do it.

I just asked for cooperation only and the ministry never ordered me to undertake any espionage action.

As reported earlier, did Mr Sivarak send you information by fax and email?

I never received faxes or any emails from Mr Sivarak. I got the information by phone only.

Why did you not decide to tell the public about the facts at an earlier stage after the incident blew up?

I did not like to say anything since Mr Sivarak was in the court process in Cambodia and because I did not want my words to affect the case or interrupt the help from the ministry.

In addition, I have no authority to speak to the media.

But today I decided to speak because there were demands made to ask me what the truth was. The truth I tell you today is the same truth that I reported to the ministry and the same Mr Sivarak testified to in court.

After Mr Sivarak was granted a royal pardon by King Norodom Sihamoni, did you try to contact him after his return to Thailand?

I did. I tried to phone him from the first day he returned to Thailand in order to express sympathy to him. I also asked deputy director-general of the Consul Department Maturapojjana Intrawong [who took Mr Sivarak's mother to visit him in prison] to tell his mother [Simarak na Nakhon Phanom] first that I would call her but she did not pick up the phone when I called.

Then I got Mr Sivarak's personal telephone number from his friend and I called all the numbers I had more than 10 times but he did not pick up the phone.

I also asked a middleman to convey my message to Mr Sivarak that I wanted to talk with him but I got a return message saying that Mr Sivarak was not ready to talk on that day.

I knew Mr Sivarak was concerned about some reports that he conspired with others to set up this incident but I believe in his innocence. I told my superiors he is a good and generous guy. I would like to say that since the incident happened and until Mr Sivarak returned to Thailand, I helped coordinate between the ministry and his mother until the ministry staff visited him at his mother's house and Prime Minister Abhisit Vejjajiva called her to give her moral support.

Do you see Mr Sivarak as being a victim of this incident?

Personally, I think he was a victim, as many other people believe. I was unhappy society saw Mr Sivarak in a different way to what he is really like. Although we are not close friends, I can confirm he is a good guy.

Would you like to say something to Mr Sivarak? I would like to express my sincere sorrow over the things that happened. I just wanted to do my job and did not want to cause problems for anybody. The whole incident made me feel very bad. I would like to beg everyone to understand that Mr Sivarak was the person who was affected by this whole incident despite his innocence.

I also feel empathy with Mr Sivarak's mother and understand her concern and I believe all Thais were worried about him.

Do you see yourself as a victim?

If you see me doing my job based on the diplomatic norms, an incident like this would not happen and it should not happen as I was unhappy and I myself was affected in many ways. I would like society to judge me fairly as what led to the arrest of Mr Sivarak should not have arisen from my contact with him based on my normal duty.

The Thai spy who loved me - Cartoon by The Bangkok Post

Sivarak's mum threatens to sue Suthep

17/12/2009
Bangkok Post

The mother of pardoned spy Sivarak Chutipong on Thursday threatened to sue Deputy Prime Minister Suthep Thaugsuban if he does not stop claiming that the arrest of her son in Cambodia was staged.

Simarak na Nakhon Phanom said she and her son had told the media that they forgave the people who said the case was politically motivated, but Mr Suthep still said everything about the case was staged.

"This makes my family very uncomfortable, if Mr Suthep doesn't stop commenting on this I may take legal action against him," the angry mother said.

She said Kamrob Palawatwichai, the diplomat who requested Thaksin's flight information from Mr Sivarak last month, had yet to contact her family.

"However, my son and I don't think it's necessary for Mr Kamrob to talk with us now. If he has anything to say about this, he can speak through the media," Mrs Simarak said.

Mr Sivarak, a 31-year-old engineer employed by Cambodia Airport Traffic Services (CATS), was sentenced to seven years in jail and fined 10 million riels (about 82,000 baht) on Dec 8 after being arrested by Cambodian authorities on charges of passing state information about Thaksin's flights to the Thai embassy in Phnom Penh. He was granted a pardon by King Norodom Sihamoni last Friday and returned to Bangkok with his mother on Monday.

Pardon Exposes Inconsistent System: Opposition

The lovers ennemies: The prime minister and the spy from Thailand

By Sok Khemara, VOA Khmer
Original report from Wahington
16 December 2009

The surprising pardon last week of a Thai man convicted on espionage charges demonstrates the ongoing politicization of the judicial system, observers say.

Siwarak Chothipong, a 31-year-old engineer for the Thai company that monitors Cambodia’s air traffic control, was facing a seven-year sentence and a 10 million riel fine, about $2,500, before he was pardoned by King Norodom Sihamoni just four days after his conviction.

Siwarak was found guilty on Tuesday, Dec. 8, of leaking information about a flight to Thai Embassy officials, as ousted Thai premier Thaksin Shinawatra arrived in Cambodia as a the newest economic adviser to Prime Minister Hun Sen.

By Friday, he had been pardoned, and on Monday he received a Mercedes escort from Prey Sar prison to Hun Sen’s Phnom Penh residence, in the shadow of Independence Monument, where he met with the prime minister and other officials. Thaksin, whom the Thais want extradited to serve a two-year jail term for corruption, arrived the day before—his second trip to Cambodia in recent weeks—and met with Siwarak at Prey Sar.

His pardon was unprecedented in recent Cambodian judicial history, Son Chhay, a lawmaker for the opposition Sam Rainsy Party, said Monday.

What’s more, he said, the quick release, reportedly at the behest of a political party association with Thaksin, ran counter to earlier public remarks by Hun Sen, who has said prisoners should be incarcerated for at least two-thirds of their sentence before they can be pardoned.

“In principle, we want a court in our country to make a proper judgment,” Son Chhay said. “A criminal convicted must be prosecuted according to his wrongdoing and should not be used for political influence,” he said. “That is shameful to our court system.”

The government should look into injustices perpetrated against Cambodians in the court system, he said, such as those jailed for protesting alleged land theft or other issues.

“Our citizens who have been victimized by land violations and detained have proposed to His Majesty, the king, the same,” he said. “The government should give a green light and ask the king to grant them a pardon too.”

So much effort spent over a Thai national, he said, “we still think it’s not normal.”

Government officials say Hun Sen had the right to make a decision in Siwarak’s case. Phay Siphan, a spokesman for the Council of Ministers, said the decision was made in the national interest.

Chea Vannath, an independent political analyst, pointed to the five-year detention of two men widely thought innocent in the killing of a labor leader in 2004: Born Samnang and Sok Samoeun. Neither of the men was pardoned, despite a plea from the former king, Norodom Sihanouk.

With strong legal institutions, she said, enforcement of the law would be consistent. “But in [Siwarak’s] case, we see that it is far different from previous cases.”

Thai FM never directed official to collect intelligence in Cambodia: Minister

BANGKOK, Dec. 16 (Xinhua) -- The Thai Foreign Ministry has never directed its Thai diplomat to collect intelligence information from Siwarak Chutipong in Cambodia, hence he is not required to explain about the matter, Thai Foreign Minister Kasit Piromya said Wednesday, Thai News Agency reported.

Siwarak, 31 years old, who worked as an engineer at Cambodia Air Traffic Services Co Ltd, had been arrested in Cambodia from Nov. 11, according to an arrest warrant of prosecutor of Phnom Penh Municipality Court.

Cambodia's court had charged Siwarak of having had the confidential information affecting Cambodia's national security.

Siwarak was sentenced to seven years in jail last week, but he was granted a royal pardon from Cambodia's King on Dec. 11, and he was set free on Dec. 14.

As Kasit said he is glad Siwarak has been freed and arrived safely in Thailand, the Thai foreign minister has also insisted the ministry has never directed such the order to the Thai diplomat, Kamrob Palawatwichai as charged.

Kamrob, who was a former first secretary of Thailand's Embassy in Cambodia's capital Phnom Penh, was allegedly ordered to collect the intelligence information from Siwarak.

Kasit also said the Thai ministry had fully attempted to help Siwarak, while he was fighting in Cambodia's court for freedom.